The Government Enforcement Litigation Group at Skadden, Arps, Slate, Meagher & Flom LLP and affiliates (“Skadden, Arps” or “Skadden”) represents companies in disputes that arise in connection with the award or performance of government contracts — from the perspective of enforcing a contractor’s rights under the contract and defending against government claims of nonperformance or fraud.  With respect to the former, Skadden has represented companies asserting that the bidding or award process was inconsistent with the terms of the request for proposals, as well as companies engaged in disputes regarding contract performance.  With respect to the latter, the Group defends corporations, their officers, directors and employees in complex criminal white collar investigations and trials; civil and administrative enforcement proceedings; qui tam and other actions brought under the False Claims Act; arbitrations; and congressional investigations.  Skadden also defends current and former corporate officers and employees in connection with investigations conducted by congressional committees, the SEC and other federal and state agencies.

Government Contract Disputes

Skadden’s experience representing corporations in disputes arising from the award or performance of government contracts includes matters involving bid protests, administrative disputes arising during the performance of contracts, and litigation over the meaning or application of contract specifications.  Over the past two years alone, the firm has represented government contractors in connection with disputes with the Department of Energy, Department of Homeland Security, NASA, United States Postal Service, General Services Administration and the Federal Aviation Administration.

White Collar Criminal Defense

For more than two decades, Skadden has been recognized as having one of the nation’s preeminent white collar criminal defense practices.  This practice took shape in the intensifying climate of complex criminal investigative and civil and administrative enforcement activities associated with government contracts.  Skadden's experienced team in this area, which includes numerous former federal and state prosecutors, investigates and defends criminal and civil allegations impacting corporations and their directors, officers and employees.  Our approach to these matters is to recognize and address – from the outset of the engagement –   the civil law, regulatory and business implications arising from the criminal investigation, thereby optimizing the opportunity for a global resolution that best serves the client's interests and needs.

False Claims Act/Qui Tam Litigation

Skadden has extensive experience in defending federal and state False Claims Act (“FCA”) and qui tam allegations.  The firm has represented a variety of companies and service providers, including aerospace contractors, insurance companies and healthcare providers in connection with numerous FCA internal investigations into whistleblower allegations, pre-complaint discovery and negotiations with the Department of Justice, litigation in FCA/qui tam actions where the government has elected to intervene or declined to do so, penalty phase hearings and post-verdict appellate review.

Foreign Corrupt Practices Act

The firm also is experienced in investigating and defending Foreign Corrupt Practices Act (“FCPA”) allegations.  Specifically, we have advised special committees to boards of directors and represented numerous companies in connection with FCPA investigations involving allegations of bribery, and books and records violations.  Our work in this area for U.S.-based clients has included investigations conducted at foreign subsidiaries in more than 25 countries and, where appropriate, has resulted in voluntary disclosures to the Department of Justice.